BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Kidushin 61
|
KIDUSHIN 61-65 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
|
1) [line 1] HA'MAKDISH SADEHU BI'SHE'AS HA'YOVEL (PIDYON SEDEH ACHUZAH -
redeeming an ancestral field)
(a) A Sedeh Achuzah is a field that came into the possession of its owner's
family after the conquest and division of Eretz Yisrael, at the time of
Yehoshua bin Nun.
(b) If a person was Makdish (consecrated to the possession of the Beis
ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from
Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish
redeems it, he must pay to Hekdesh an additional *fifth* (of the ensuing
total, or a *quarter* of the original value) of the value of the field. If
the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year,
but rather it is not redeemed, or another person redeems it, it is given to
the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21). If
the *son* of the Makdish redeems the field, it is not given to the Kohanim;
it returns to the possession of Makdish (Erchin 25b).
(c) When redeeming a Sedeh Achuzah from Hekdesh, its "value" is determined
according to the fixed endowment value stated in Vayikra 27:16, i.e. 50
silver Shekels for every parcel of land that is normally sown with a Chomer
(1 Chomer = 1 Kur = 30 Se'ah or approximately 216, 248.9 or 432 liters,
depending upon the differing Halachic opinions) of barley seed (75,000 sq.
Amos -- see Background to Kidushin 60:17). However, fifty Shekels are given
only if the field was redeemed at the beginning of a new Yovel cycle; the
amount decreases proportionally with every year that passes until it is less
than two years before the next Yovel. At that point, it is once again
redeemed for fifty Shekels per Chomer (ibid. 25a).
2) [line 2] NEKA'IM - ravines, cracks
3) [line 8] "...ZERA CHOMER SE'ORIM BA'CHAMISHIM [SHEKEL KESEF.]" - "[And if
a man shall sanctify to HaSh-m some part of a field of his possession, then
the endowment value shall be according to its seed; each Chomer of barley
seed [that the field can grow] shall be valued at fifty shekels of silver."
(Vayikra 27:16)
4) [line 10] LESECH / SE'AH / TARKAV / ROVA (MEASUREMENTS OF VOLUME)
- 1 Kur (= 1 Chomer) = 30 Se'in
- 1 Lesech = 15 Se'in
- 1 Eifah = 3 Se'in
- 1 Se'ah = 6 Kabin
- 1 Tarkav (= 3 Kabin) = 12 Lugin
- 1 Kav = 4 Lugin
- 1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
- 1 Beitzah = 2 k'Zeisim
- 1 k'Zayis = approximately 0.025, 0.0288 or 0.5 liters, depending upon the differing Halachic opinions.
5a) [line 16] NAGANEI D'AR'A - basins of the land
b) [line 16] SHIDRA D'AR'A - the spine of the land
6) [line 28] TENAI BENEI GAD U'VNEI REUVEN (TENAI KAFUL - The two-sided
conditional statement)
(a) It is possible to make a condition in all Kinyanim (acquisitions; the
word Kinyan connotes a change of ownership or status, such as sales, gifts,
Gitin and Kidushin) such that the Kinyan will not take effect unless one or
both of the parties involved fulfill the specified condition. However, the
Torah established that not all conditional statements are valid. Rather, the
wording of the conditional statement must follow a specific formulation
(Kidushin 61a):
(b) According to those who rule that a Tenai Kaful is required (including
Rebbi Meir of our Mishnah), it must be double-sided ("Tenai Kaful"; i.e.
both the positive and the negative sides of the condition must be explicitly
stated) and the positive side must precede the negative side. For example,
"If you do such-and-such, the Kinyan will take effect; *and if not, the
Kinyan will not take effect.* (Rebbi Chanina ben Gamliel argues, and does
not require that a conditional statement be double-sided, since the inverse
may be inferred from the first half of the statement -- mi'Chlal Hen Atah
Shome'a Lav.) Another requirement is that the statement of the condition
must precede the statement of the action.
(c) The format for conditional statements is learned from the condition that
Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They
received portions in the land of Ever ha'Yarden (modern-day Jordan) on
condition that they fight alongside the other tribes in the wars of conquest
of Eretz Yisrael proper (Kidushin 61a).
(d) There are Rishonim who write that even according to the opinion that a
double-sided statement is necessary, it is not necessary under all
circumstances:
1. According to some, if the words "Al Menas" ("on the condition that...")
are included in the words of the conditional statement, it is considered as
if the statement is double-sided, and the second side need not be stated
explicitly (RAMBAM Hilchos Ishus 6:17).
2. There are those who are of the opinion that the rules governing the
working of a Tenai only apply to Gitin and Kidushin, but not to sales and
gifts (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
(e) Even if the wording of the conditional statement is properly formulated,
there are still certain instances in which a Tenai will not work. For
example, the condition and the action cannot affect the same subject ("Tenai
u'Ma'aseh b'Davar Echad," as the Gemara states below); the condition must be
physically possible to perform (Gitin 84a); and the condition must not be
dependent upon the concept of Bereirah (according to the opinion that rules
Ein Bereirah -- Gitin 25b, see Background to Gitin 47:38). There are also
rules as to which types of actions can be qualified by a Tenai. A Tenai can
only be stipulated for the types of actions which one is able to perform
through an agent (a Shali'ach), such as the purchase or sale of land or
other objects, or such as effecting a marriage or divorce (Kidushin or
Gerushin). When performing actions such as Chalitzah, which cannot be
performed through a Shali'ach, a Tenai cannot be stipulated.
(f) If the Tenai is not formulated properly, or if it does not fulfill one
of the above points, the Tenai is not valid and the action (that is the
Kinyan) takes effect even if the parties do not fulfill the specified
conditions. That is, the Tenai is disregarded.
7a) [line 29] "VA'YOMER [MOSHE] ALEIHEM, 'IM YA'AVRU VENEI GAD U'VNEI
REUVEN...'" - "And [Moshe] said to them, 'If the sons of Gad and the sons of
Reuven will pass [with you over the Yarden, every man armed to battle,
before HaSh-m, and the land shall be subdued before you; then you shall give
them the land of Gil'ad for a possession.']" (Bamidbar 32:29)
b) [line 30] "V'IM LO YA'AVRU CHALUTZIM [ITCHEM; V'NOCHAZU V'SOCHECHEM
B'ERETZ KENA'AN.]" - "But if they will not pass over [with you] armed, [they
shall have possessions among you in the land of Kena'an.]" (Bamidbar 32:30)
61b---------------------------------------61b
8) [line 3] HAVAH AMINA "V'NOCHAZU V'SOCHECHEM" B'ERETZ GIL'AD - we would
have thought that the words "v'Nochazu v'Sochechem" refer to a *portion* of
Eretz Gil'ad, that they would have received as a reward for helping capture
it (but not any part of Eretz Kena'an, and certainly not *all* of Gil'ad,
which they requested)
9) [line 12] KEFILO - his "doubling" of the conditional statement, i.e.
stating the converse
10) [line 19] MEKAMEI D'NEIMA LEI REBBI MEIR "V'NOCHEZU" - before Rebbi Meir
asked about the implication of the extra words "b'Eretz Kena'an" in the
verse "v'Nochazu v'Sochechem"
11) [line 21] "[HALO] IM TEITIV SE'ES, V'IM LO SETIV LA'PESACH CHATAS
ROVETZ. [V'ELECHA TESHUKASO, V'ATAH TIMSHOL BO.]" - "If you improve
yourself, you shall be forgiven. But if you do not improve yourself, sin
lies at the door. [And to you shall be his desire, and yet you may conquer
him.]" (Bereishis 4:7) - This verse may be translated as, "Surely if you
improve yourself, you *will receive a reward*; but if you do not improve
yourself, you will be punished for falling into the clutches of the Yetzer
ha'Ra."
12) [line 24] AGRA - reward
13) [line 25] DINA - punishment
14) [line 26] "AZ TINAKEH ME'ALASI..." - "Then shall you be free from my
oath, [when you come to my family; and if they grant it not to you, you
shall be free from my oath.]" (Bereishis 24:41)
15) [line 28] D'NICHA LAH L'DIDAH V'LO NICHA (LEI) [LEHU] L'DIDHU - in a
case where she is agreeable [to the marriage] but her family is not
agreeable
16) [line 34] "IM B'CHUKOSAI TELECHU...V'IM B'CHUKOSAI TEMA'ASU..." - "If
you walk in My statutes, [and keep My commandments, and do them;]...And if
you shall despise My statutes, [or if your soul loathes My judgments, so
that you will not do all My commandments, but that you break My covenant;]"
(Vayikra 26:3, 15)
17) [line 39] "IM TOVU U'SHEMA'TEM...V'IM TEMA'ANU U'MRISEM..." - "If you
are willing and obedient, [you shall eat the good of the land;] But if you
refuse and rebel, [you shall be devoured with the sword; for the mouth of
HaSh-m has spoken it.]" (Yeshayah 1:19-20)
Next daf
|